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Damages Opinion Reveals ‘Serious Misconception’ of Role of Expert

Court excludes most of rebuttal opinion under Daubert, saying it is not “the product of reliable principles and methods” owing to expert’s “serious misconception of his role and misreading of the authorities he cites,” particularly with regard to causatio ...

Rowe v. DPI Specialty Foods

Court excludes most of rebuttal opinion under Daubert, saying it is not “the product of reliable principles and methods” owing to expert’s “serious misconception of his role and misreading of the authorities he cites,” particularly with regard to causatio ...

Court Affirms Rightness of Expert’s ‘Marital Value’ Calculation

Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.

In re Honer

Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.

Expert Evidence Sufficient to Certify Securities Class But Requires More for Damages

Court relies on plaintiffs’ expert market event study to certify class for fraud claims based on speculative hedging contracts but warns that the same evidence may not be sufficiently reliable to prove classwide damages.

In re Sadia Securities Litigation

Court relies on plaintiffs’ expert market event study to certify class for fraud claims based on speculative hedging contracts, but warns that the same evidence may not be sufficiently reliable to prove class-wide damages.

Expert Financial Evidence Helps Prove ‘Stunning’ Price Discrimination Suit

Court finds “stunning” case of price discrimination based on expert evidence.

Lost Profits Evidence Turns on Key Expert Assumptions

Lost profits analysis by appraiser too speculative for court to uphold.

Mood v. Kronos Products, Inc.

Lost profits analysis by appraiser too speculative for court to uphold.

Lost Profits From Failed Merger Not Recoverable

The U.S. District Court for the District of Arizona denied Southern Union lost profits stemming from an unconsummated merger.

Fair Value in Oregon Shareholder Oppression Case Is Undiscounted Pro Rata Share of Going Concern Value

Plaintiff brought this action under the Oregon dissenters' rights statute, claiming oppressive conduct of the majority shareholders and requesting judicial dissolution of the subject company.

Hayes v. Olmsted & Assoc.

Issues were whether majority's conduct toward minority stockholder was oppressive, the proper method of valuing minority's stock, and value of stock.

Value Under Shareholders’ Agreement Is Not Fair Value

The Oregon Court of Appeals considered the fair value of a minority interest in a food brokerage business in this oppressed shareholder case.

Going-Concern Value, Not Liquidation Value, Comports With Fair Value

One of the issues in this shareholder oppression action was the valuation of plaintiff Terry J. Cooke's 25% interest in Fresh Express Foods Corporation Inc., a closely held Subchapter S corporation.

Cooke v. Fresh Express Foods

At issue is the valuation of plaintiff's interest in the defendant, Fresh Express Foods Corporation.

Former Shareholder’s Salary Considered When Valuing His Interest Under the Oppressed Shareholder Statute

The Oregon Court of Appeals considered the fair value of a 25% interest in a closely held business in this oppressed shareholder action.

Hartog v. Hartog

The issue in this case was the value of the limited business contacts and their inclusion into the marital estate.

Stein v. Stein

One issue in this case was whether the court should attach a control premium to the value of stock that was purchased during the marriage.

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